The Myth of Deferred Adjudication
The most common misconception about deferred adjudication in Texas is that successful completion removes the criminal charge from one’s record.
This is not true.
Deferred Adjudication does NOT automatically disappear. Rather, one must file a petition for Non-Disclosure to seal the record.
Some offenses are not even eligible for non-disclosure, even if the adjudication was deferred.
Deferred Adjudication vs. Straight Probation in Texas
First some basics:
In Texas, probation is called community supervision. There are two types of community supervision in our state;
deferred adjudication, and
regular community supervision
Basically, community supervision means that instead of going to jail or prison as a punishment, a defendant is allowed by the judge to stay in the community and be supervised by the court. The supervision term can be up to two years for a misdemeanor and up to ten years for a felony.
The judge will impose requirements on the community supervision. For example, a defendant may be drug tested, will have to be employed, and will probably have to do community service.
The most important requirement is not to pick up another offense. If one violates the terms of community supervision, the D.A. can ask the judge to revoke the probation and put the person in jail.
As a condition of community supervision, the judge can order the person to spend time in jail. For example, on a misdemeanor, the judge can order the defendant to spend up to 30 days in jail. For any felony, the judge can order up to 180 days in jail as a condition of the community supervision.
Deferred Adjudication in Texas
Deferred adjudication is usually offered to first time offenders. It is typically a better deal than regular community supervision because if a person finishes the term successfully, the person does not have a conviction. A conviction is a loose legal term that means a finding of guilt.
A successfully completed deferred adjudication often can be sealed from public view with a non-disclosure.
Deferred adjudication cannot be granted by a jury. So once a defendant elects to go to trial, deferred adjudication is a not a possible punishment.
If a person on deferred adjudication does not comply with the conditions of his community supervision, the D.A. may ask the judge to “adjudicate” (find guilty) the person and put them in jail or prison. If the judge decides to adjudicate the person, the person can be sentenced to any term in the statutory range.
Regular Community Supervision or “Straight Probation” in Texas
There are three major differences between deferred adjudication and regular community supervision:
1. A regular community supervision usually results in a conviction.
2. Regular community supervision is usually a punishment option if a person elects to have a jury trial
3. If regular community supervision is revoked, the maximum punishment is usually not the statutory maximum.
That is, when someone receives regular community supervision, the maximum jail or prison term will be set at the time of the plea. For example, on robbery, a second degree felony punishable from two to 20 years in prison, the deal might be five years prison probated for ten.
That means the community supervision period is ten years; if the person messes up and gets revoked by the judge, he can get up to five years in prison.
So instead of the statutory maximum of ten years which would be available if the person was on deferred adjudication, the maximum prison sentence is five years.
The Effects
Finishing a deferred adjudication does not result in a conviction. Technically, the charges are dismissed.
However, a successful deferred will still impact a job search. It can disqualify a person in some instances from owning a gun or getting licensed by the state in professional capacity. If a person is an immigrant, it can impact applying for citizenship. In fact, under federal law (which governs immigration and most gun laws), deferred is still considered a conviction.
The only way to make the records go away is to have the case records either sealed (Non-Disclosure) or Expunged.